Drunkenness Saves Murderer From Hanging

By MWILA NTAMBI
THE Kitwe High Court has sentenced a 25-year-old man of Natwange East in Kitwe to 18 years imprisonment with hard labour for murder.
Kitwe High Court judge Isaac Kamwendo slapped the jail term on Stanley Ndondo last Friday after finding him guilty of murder.
Justice Kamwendo spared Ndondo the death sentence because it was clear from the evidence on record that the offence was committed in a drunken state and the court considered that to be an extenuating circumstance.
Particulars of the case were that Ndondo, on November 5 last year, in Kitwe, jointly and whilst acting together with another person not known, murdered Francis Chola.
He pleaded not guilty to the charge.
But delivering judgment in the matter on Friday, Justice Kamwendo observed that the prosecution had proved the case of murder against Ndondo beyond any reasonable doubt.
He said from the evidence, it was clear that the late Mr Chola was mercilessly assaulted by Ndondo and another person using kicks and fists and that he fell and hit his head on a tarmac surface.
“I accordingly find you guilty of murder and convict you,” Mr Kamwendo said.
During trial, Mary Mukuka, a bar lady at GK Bar in Ndeke township, testified that on November 5 last year, she saw Ndondo quarrelling with the late Mr Chola.
Ms Mukuka testified that later, she found Ndondo beating the deceased.
Another witness, Peter Lubinga, testified that on the same day, he saw Ndondo and a man called Chibesa beating the deceased.
He testified that Chibesa had a cup of beer, which he poured on Mr Chola while Ndondo kicked the deceased, who fell backwards and hit his head on the tarmac.
In defence, Ndondo told the court that on the material day, he was very drunk and did not know what he was doing.
He said he did not push the late Mr Chola so that he could kill him.
Ndondo narrated that the late Mr Chola wanted to fight him after Chibesa had kicked him.

Posted by Editor on April 7, 2014. Filed under CRIME. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry